A. Application Review: An application shall be filed with the board of adjustment for review, including a fee in an amount fixed by city council resolution, which shall be paid to the city clerk. The application shall show the location and intended use of the site, the names of all property owners and zoning districts within three hundred feet (300') and any other material pertinent to the request which the board of adjustment may require.
B. Notice: Notice of the public hearing before the board of adjustment shall be given by publication and by mailed notice at least ten (10) days prior to the hearing to all property owners within the three hundred foot (300') radius, at applicant's expense. The notices shall include the nature of the application for variance or special exception.
C. Board Determinations:
1. In exercising the above mentioned powers, the board of adjustment may, under the provisions of this title, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken.
2. In considering all appeals from rulings made under this title, the board of adjustment shall, in making its findings on any specific case, determine the effect of the proposed change upon the supply of light and air to adjacent property, upon the congestion in the public streets, upon the public safety from fire and other hazards, upon the established property values within the surrounding area, and upon other factors relating to the public health, safety, comfort, morals and general welfare of the people of the city.
3. Every ruling made upon any appeal to the board shall be accompanied by a written finding of fact based upon the testimony received at the hearing afforded by the board of adjustment, and shall specify the reason for granting or denying the appeal. (Ord. 2007-06, 4-2-2007)